Your use of the Viewyng Service implies your acceptance
of these Terms of Use. We ask that you read them carefully. If you have any
questions, please do not hesitate to contact us.
SECTION 1: DESCRIPTION OF THE VIEWYNG SERVICE
1.1. Viewyng is an original, free video hosting
website that enables users to access, view, upload, store and share videos. The
Viewyng Service is made up of the Viewyng website, the
Viewyng video player that is embeddable onto any website, the
Viewyng apps and web-apps as accessible via any current or future device
capable of distributing the Viewyng website and/or the video player, and
more generally any Viewyng products, content, channels, software, data
feeds, services and functionality (“Viewyng Service”).
1.2. By accessing and/or using the
Viewyng Service, without being logged into Viewyng Account, you will
be hereinafter a “Guest.” As a Guest, you will only have the ability to
access, view or share videos available on the Viewyng Service, but will
not be able to benefit from all the other features available on the
Viewyng Service. A “Viewyng Account”
means the video content storage space on the Viewyng Service which is dedicated
to a Viewer or a User Viewyng Service that can be created by signing up for a Viewyng
Account via www.Viewyng.com.
1.3. If you want to be able to upload videos and
access some other features of the Viewyng Service, you will need to first
create a Viewyng Account and have your email address validated. you will then
be a “User”, being though agreed that after having created your
Viewyng Account and until you have validated your email address according to
the process defined below, you will be a “Viewer” and will not
be able to upload videos or access the other features of the Viewyng Service.
1.4. Information
provided by you to create your Viewyng Account must be accurate and complete.
In order for Viewyng to verify that the email address you provided is valid, you
will receive an email from Viewyng asking you to validate your email address.
1.5. By creating a Viewyng
Account, you agree that you alone will be responsible (to Viewyng and to
others) for all activity that occurs under your Viewyng Account. The user id
and password which are necessary to access the Viewyng Account and the features
associated with it are your sole responsibility and it is your obligation to
keep them confidential.
1.6. As a User, you will also have the ability
to access some more additional features from the Viewyng Service, and if and
when you have accepted the terms of the Viewyng Partner Program, you will then
be a “Partner” and will have the opportunity to monetize your
Content uploaded on your Viewyng Account.
1.7. If you are a User, you may notably upload
video files (that must be compliant with these Terms) on the Viewyng Service,
and have a nickname and an avatar that will be associated with your Viewyng
Account. Any and all elements posted by you on the Viewyng Service are deemed
to be “your Content.” If you are not a Partner, your Content
may be automatically set to “private mode” so that your Content will only be
available on the Viewyng website to individuals who have the URL link for your
Content, however you or any third party will still have the ability to embed your
Content on any website through Viewyng video player.
SECTION 2: ACCEPTANCE OF THESE TERMS
2.1. Whether you are a Guest, a Viewer, a User
or a Partner, either an individual or a single entity ("you" or "your" as
applicable), you signify your express and unconditional agreement to: (1) these
terms and conditions, (2) all other policies
of Viewyng, including but not limited to the Viewyng privacy and
cookie policies, as accessible at any time from the homepage of the Viewyng
website, and incorporated herein by reference, (all collectively, the “Terms”). you may not use the Viewyng
Service if you do not accept any of the Terms. you understand and
agree that Viewyng will treat your use of the Viewyng Service as acceptance of
the Terms from that point onwards.
2.2. The Terms form a
legally binding agreement between you and Viewyng in relation to your use of
the Viewyng Service.
2.3. Viewyng may, in its
sole discretion, modify these Terms from time to time, and you agree to be
bound by such modifications. Although we may attempt to notify you when major
changes are made to these Terms, you should periodically review the most
up-to-date version which shall always be accessible from the homepage of the Viewyng
website. If you do not agree to the modified Terms, your only recourse is to
stop using the Viewyng Service. your continued use of the Viewyng Service after
the date the modified Terms are posted will constitute your acceptance of the
modified Terms.
2.4. You shall not use
the Viewyng Service if (a) you are not of legal age to form a binding contract
with Viewyng, or (b) you are a person who is either barred or otherwise legally
prohibited from receiving or using the Viewyng Service under the laws of the
country in which you are resident or from which you access or use the Viewyng
Service.
2.5. If you are not an
individual, you represent to Viewyng that you have all necessary corporate or equivalent
authority and power to agree to the Terms which you agree shall be binding on
the corporation, partnership, association or other entity in whose name you
using or accessing the Viewyng Service.
SECTION 3: YOUR INTELLECTUAL PROPERTY RIGHTS
3.1. For the entire
period during which your Content is hosted on the Viewyng Service, you grant to
Viewyng, and transferable to its affiliates, the non-exclusive rights to
reproduce, represent, stream, replay (including offline display without permanent
download), exploit, exhibit, show, market, distribute and to technically modify
and compress your Content as is strictly necessary for the purposes of the
viewing and/or streaming of your Content on the Viewyng Service.
3.2. By making your
Content accessible on the Viewyng Service, you agree to allow any Guests of the
Viewyng Service, to view and to share your Content through the Viewyng video
player on or through any declination of the Viewyng Service, as accessible
(online or offline) via any current or future device capable of distributing
the Viewyng Service by any means of access, including but not restricted to
computers, smartphones, tablets, TV devices, IPTV platforms and/or game
consoles free-of-charge.
3.3. Despite this
allowance, your Content shall always remain your property. Please note that due
to the nature of the Internet and digital media, data transmitted – including your
Content – cannot be protected against risks of misappropriation and/or piracy,
for which Viewyng shall not be liable. you are responsible for taking all
appropriate steps to protect your data, where applicable.
SECTION 4: OUR INTELLECTUAL PROPERTY RIGHTS
4.1. We grant you a
personal, non-exclusive, non-transferable and revocable right to access and use
the Viewyng Service, which right is conditioned on your compliance with the
Terms.
4.2. The content (other than your Content and
other users' content) included on or accessible through the Viewyng Service,
such as text, graphics, logos, names, designations, button icons, features,
functionalities, images, audio clips, information, data collected from the Viewyng
Service, photographs, graphs, videos, typefaces, graphics, music, sounds, and
other material and software (the “Viewyng Content”),
is the exclusive property of Viewyng and its licensors, and is protected by
copyrights, trademarks, trade secrets, or other proprietary rights and subject
to applicable laws and regulations.
4.3. Viewyng Content may
not be downloaded, copied, reproduced, distributed, transmitted, broadcast,
displayed, sold, licensed, or otherwise exploited for any other purpose
whatsoever without the prior written consent of Viewyng or Viewyng's licensors.
you agree to not use or exploit the Viewyng Content in any manner inconsistent
with any of the rights granted or restrictions set forth herein, including,
without limitation, prohibitions on downloading, redistribution, alteration,
deletion and deactivation of any content protection mechanisms. you are not
allowed to modify, enhance, edit, translate, adapt, reverse engineer,
decompile, disassemble, or create derivative works based upon or otherwise
alter in part or in full any Viewyng Content.
4.4. All rights not
expressly granted in the Terms are reserved to Viewyng and its licensors.
SECTION 5: OUR LIABILITY AS HOST
5.1. In its capacity as
a web hosting service provider, Viewyng is under no legal obligation to monitor
content uploaded on the Viewyng Service, nor obligated to actively seek facts
or circumstances indicating illegal content, but shall forthwith remove or
disable access from its Viewyng Service to any infringing content once having
been notified of its existence.
5.2. You agree that your
use of the Viewyng Service shall be at your sole risk and liability. In this
regard, you are solely responsible for (i) your use of the Viewyng Service and
more specifically for your Content, and (ii) the protection of its computer
hardware against any virus or interruption.
5.3. You acknowledge and
agree that the Viewyng Service, in whole or in part (including, without
limitation, the look and feel, the thematic channels, the functionality, and/or
the Viewyng video player), on and through which your Content will be
distributed is provided “AS IS” without warranty, provided that Viewyng may enhance,
modify and update the Viewyng Service at its sole discretion. For the sake of
clarity, you shall not be entitled to request any modification to the Viewyng
Service.
5.4. Viewyng, its affiliated companies,
officers, directors, employees, agents, vendors and suppliers (the “Viewyng Parties”) disclaim all warranties of any kind,
either expressed or implied, including but not limited to, the implied
warranties of merchantability, fitness for a particular purpose, and
non-infringement to the fullest extent permissible under applicable law. The Viewyng
Parties also disclaim all warranties, take no responsibility and assume no
liability for the content present on the Viewyng Service, including but not
limited to any mistakes, defamation, libel, slander, omissions, falsehoods,
obscenity, pornography or profanity you may encounter on the Viewyng Service.
The Viewyng Parties make no warranty or representation that the Viewyng Service
or its functionalities or technology, in whole or in part, will be uninterrupted,
error-free or secure, including with respect to the delivery of your content
and/or any limitations on your or any other Guests ability to access, view or
use your Content or any other content, or that any information obtained from
the Viewyng Service will be accurate or reliable.
5.5. Viewyng shall not
be held responsible in any case for (i) any malfunctions, inherent of the
nature of the Internet, in the access and/or the use of the Viewyng Service,
(ii) or any default of its obligations caused by force majeure or an
unintentional cause. Unless otherwise stated herein, Viewyng does not grant you
any guarantee of any kind, whether expressly or implicitly, in any area,
including and in particular any guarantee of fitness for a particular purpose.
5.6. Nothing herein
shall exclude or limit Viewyng's liability for losses which may not be lawfully
excluded or limited by applicable law. Subject to this overall provision above,
Viewyng shall not be liable for: (a) any indirect or consequential losses which
may be incurred by you. This shall include; (i) any loss of profit (whether
incurred directly or indirectly); (ii) any loss of goodwill or business
reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered;
(b) any loss or damage which may be incurred as a result of: (i) any reliance
placed by you on the completeness, accuracy or existence of any advertising, or
as a result of any relationship or transaction between you and any advertiser
or sponsor whose advertising appears on the Viewyng Service; (ii) any changes
which Viewyng may make to the Viewyng Service, or for any permanent or
temporary cessation in the provision of the Viewyng Service (or any of its
features); (iii) the deletion of, corruption of, or failure to store, any
content and other communications data maintained or transmitted by or through your
use of the Viewyng Service; (iv) your failure to provide Viewyng with accurate
account information (v) your failure to keep your password or your accounts
details secure and confidential.
5.7. The limitations on Viewyng's
liability defined in this section shall apply whether or not Viewyng has been
advised of or should have been aware of the possibility of any such losses
arising.
Some jurisdictions limit or do not allow the disclaimer of warranties or
damages so the above disclaimer may not apply to the extent such jurisdiction's
law applies to this agreement.
SECTION 6: RESTRICTIONS RELATED TO YOUR USE OF
THE VIEWYNG SERVICE AND ITS RELATED TECHNOLOGIES
6.1. In view of the
user-driven nature of the Viewyng Service, and out of consideration for the
general public, you are responsible for maintaining certain ethical standards
respecting the Content you upload on the Viewyng Service. you represent and
warrant as an essential condition that your Content, and any images, data
and/or text which you may disseminate through the Viewyng Service: (i) contains
no child pornography; dangerous or illegal acts (including but not limited to
incitement to violence, animal abuse or drug abuse); unlawful, obscene,
defamatory or libelous material; images of rape or abuse; images of bestiality;
or any sexually explicit content (including but not limited to intercourse,
masturbation, sadistic or masochistic abuse, explicit depiction of male or
female genitalia or pubic areas, pedophilia or necrophilia); (ii) does not
infringe the intellectual property rights of any third party (including but not
limited to sound, music, excerpts from any animated or non-animated television
shows, short, medium-length and/or feature-length films, advertisements or any
other material that you have not created yourself or for which you do not have
the necessary clearances and permissions from third party rights owners or
copyright royalty collection organizations in such materials); (iii) does not
infringe personal rights (i.e. that is not defamatory and does not contain
insults, abuse, libel, etc.) or personal privacy (including an individual's right
to his or her image); and (iv) is not contrary to public policy and accepted
moral standards and does not display, incite or otherwise promote illegal or
immoral activity, and does not violate any applicable laws or regulations.
6.2. By uploading or
disseminating images, data, and/or text to or through the Viewyng Service, you
warrant that you are not uploading any infringing material and expressly
warrant that you have all necessary rights and/or authorizations from the
copyright owner(s) and have paid any royalties or other fees pursuant to any
licenses or permissions needed to upload and distribute your Content on the Viewyng
Service.
6.3. Viewyng reserves the right to decide in its sole discretion
whether your Content, your Viewyng Account and/or your use of the Viewyng
Service violates these Terms for any reasons other than copyright infringement,
such as, but not limited to, pornography, obscenity, or excessive length.
Failure to comply with these Terms may result in (i) your Content being removed
and/or (ii) your Viewyng Account being deactivated and/or (iii) any elements or
data related to your Content or to your Viewyng Account being modified or
removed (i.e. allegedly infringing username, metadata considered inappropriate,
etc.) from the Viewyng Service, without prior notice. In addition, Viewyng
reserves the right to report any violation of these provisions to applicable
legal authorities and you may be personally liable to criminal sanctions
applicable to the content in question (fines and imprisonment), in addition to
any applicable civil damages.
6.4. Because the Viewyng
Service is not designed as a video back-up service, you are responsible for
taking all necessary precautions to safeguard your video files. In accordance
with internet practice and custom, advertisements may be incorporated into the Viewyng
Service and then associated to your Viewyng Account and/or your Content.
6.5. Moreover, you shall
not (i) falsely increase the number of views, impression of or clicks
associated with your Content or other users’ content either directly or
indirectly, or automatically or manually, or (ii) authorize or encourage any
third party including offering any financial incentive to do the same.
6.6. You also warrant
that any website or applications on which you export your Content and/or other
users’ content through the embeddable Viewyng video player does not include any
element that: (i) breaches any intellectual property rights of any third
parties or (ii) constitutes an injury to any person (including defamation,
slander, abuse, etc.) or to any third party’s privacy rights or (iii)
encourages violence or hatred against any individual or group, or cruelty to
animals (iv) or contains sexually explicit or highly suggestive content or (v)
encourages drug use or any illegal activity (vi) constitutes a threat to public
order or standards of decency and good morals or (vii) violates any applicable
laws. you also shall not modify, build upon or block any portion or
functionality of the Viewyng video player including but not limited to links
back to the Viewyng website. By embedding your Content and/or other user’s
content through the embeddable Viewyng video player on any website or
applications, you warrant that you have all the necessary rights and/or
authorizations from the owner(s) of such website or applications and have paid
any royalties or other fees pursuant to any licenses or permissions needed to
such distribution.
6.7. You agree not to
alter or modify any part of the Viewyng Service (including but not limited to
the Viewyng video player and its related technologies).you agree not to (or
attempt to) circumvent, disable or otherwise interfere with any security
related features of the Viewyng Service or features that (i) prevent or
restrict use or copying of content or (ii) enforce limitations on use of the Viewyng
Service or the content accessible via the Viewyng Service. you agree not to
collect or harvest any personal data of any Guest, Viewer, User or Partner of
the Viewyng Service and to not use the Viewyng Service) for the solicitation of
business in the course of trade or in connection with a commercial enterprise.
6.8. you agree not to
use the Viewyng Service and any of its related technologies (including without
restriction the Viewyng video player, the website, the app and the webapp) for
any commercial use unless you obtain Viewyng's prior written approval, in
particular any of the following uses: (i) the sale of access to the Viewyng
Service, (ii) the sale of advertising, sponsorships or promotions placed on or
within the Viewyng Service or content or Viewyng video player.
6.9. You agree not to access content hosted on
the Viewyng Service for any reason other than your personal, non-commercial use
solely as intended through and permitted by the normal functionality of the Viewyng
Service, and solely for Streaming purposes. "Streaming"
means a digital transmission of an audiovisual work from the Viewyng Service to
a Guest operated Internet enabled device in such a manner that the data is
intended for real-time viewing and not intended to be permanently downloaded,
copied, stored, or redistributed by the Guest. Accessing a Viewyng user’s
content for any purpose or in any manner other than Streaming and personal use
is expressly prohibited. If you wish to use another user’s content for any
other purpose, in particular for commercial use, you are solely responsible for
obtaining the necessary advance authorization. you agree and shall indemnify
and hold Viewyng- harmless from and against any liability, loss, damages
(including punitive damages), claim, settlement payment, cost and expense,
interest, award, judgment, diminution in value, fine, fee (including reasonable
attorneys’ fees), and penalty, or other charge (including reasonable attorneys’
fees and all other cost of investigating, defending or asserting any claim for
indemnification under these Terms) arising from or relating to (i) your
Content, (ii) your violation of the Terms or any other policy of Viewyng; (iii)
your use of the Viewyng Service; and (iv) your violation of any third party
rights, including without limitation any copyright, property, publicity or
privacy rights.
SECTION 7: REPORTING PROHIBITED CONTENT
7.1. Viewyng has established an easily
accessible means of allowing anyone to notify it of the availability of
infringing content or illegal content and/or activity on the Viewyng Service.
Such processes to notify Viewyng of prohibited content are described in detail here.
7.2. If you notice
infringing or illegal content and/or activity on the Viewyng Service, you can
report it to us at any time by contacting us via the form available from the
homepage of the Viewyng website.
SECTION 8: DATA
8.1. The records of Viewyng
are stored on our systems in accordance with standard safety practices and
applicable laws. The Viewyng records shall be considered proof of emails
exchanged, registration forms sent, videos uploaded, and other activity within
the Viewyng Service, being agreed that, in the event of a discrepancy between
our records and any paper or electronic documents in your possession, our
records shall be authoritative and controlling.
8.2. The Viewyng Service may contain links to
websites operated by other entities (a "Linked Site").
If you decide to visit any Linked Site, you do so at your own risk and it is your
responsibility to take all protective measures to guard against viruses or
other destructive elements. Viewyng has no responsibility to you with respect
to any Linked Site, and no Linked Site, regardless of the linking form (e.g.
hotlinks, hypertext links, IMG links) is maintained, controlled, endorsed,
monitored or otherwise governed by Viewyng.
8.3. If you want to find
out more about how we collect data and the related processes, you can check our
Privacy Policy available at any time on the Viewyng website.
SECTION 9: MISCELLANEOUS
9.1. you acknowledge and
agree that the Terms will continue to be enforceable for as long as you use the
Viewyng Service or any of its features, whether or not if you are a Guest, a
Viewer, a User or a Partner. For the sake of clarity, watching videos from the Viewyng
Service, exporting the Viewyng video player, and/or maintaining a Viewyng
Account are all deemed to be uses of the Viewyng Service.
9.2. Any obligations
which expressly or by their nature are to continue after termination,
cancellation, or expiration of the Terms shall survive and remain in effect
after such happening.
9.3. You agree that any
dispute between you and Viewyng arising out of or relating in any way to these
Terms or your use of the Viewyng Service shall be interpreted in accordance
with the laws of France, without reference to its conflicts of laws, and
notwithstanding multiple defendants or third party claims. you also agree that
any claim or dispute between you and Viewyng shall be decided by a court of
competent jurisdiction located in Paris.
9.4. These Terms of Use
constitute the entire agreement between Viewyng and you with respect to the Viewyng
Service and shall supersede all prior or contemporaneous communications and
proposals, whether electronic, oral, or written, between you and Viewyng with
respect to the Viewyng Service.
9.5. A printed version
of the Terms of Use and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to
the Terms to the same extent and subject to the same conditions as other
business documents and record originally generated and maintained in printed
form.
9.6. You agree that Viewyng
may provide you with notices, including those regarding changes to the Terms,
by email, regular mail, or postings on the Viewyng Service.
9.7. If one or more
provision of the Terms is considered to be invalid as such or as a result of
the application of a law, regulation, or the decision of a competent body
having jurisdiction, it will be treated as not forming part of the Terms and
all other conditions of these Terms will remain in force.
9.8. No waiver by either
party of any breach or default hereunder shall be deemed to be a waiver of any
preceding or subsequent breach or default.